Page 4 - Les nouveaux défis

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Weekly highlights

Carte blanche for tax boss

T HE fight against fictitious in- CGI). Here again, the choice was
between the Minister of Finance and
voices is being restructured.
another person to deal with the future
The Finance Act 2021 saw
the introduction of a new pro-
sion des infractions fiscales).
cedure to combat this type of offence Tax Offenses Commission (Commis-
(Article 132 of the General Tax Code, As a reminder, the 2021 Finance
CGI). Indeed, as soon as fraud relating Law, in view of the scale of the traf-
to fictitious invoices is involved, the fic in fictitious invoices, revised the
Minister of Finance or the delegated sanction procedure. The aim is to step
person are no longer required to first up the fight against this phenomenon,
seek the opinion of the Tax Offences which is highly detrimental to the
Commission. They can automatically treasury and transparent businesses.
refer the matter to the King’s Public The principle of invoice fraud is to
Prosecutor for legal action against the create companies whose sole activity
fraudsters, without first going through is to issue fictitious invoices designed
the Tax Offences Commission. The to increase the charges of customers
Minister of Finance has just issued a who purchase them in order to evade
decree granting full powers to Younes taxes, in return for a fee proportional
Idrissi Kaïtouni, Director General of to the amount of the said invoice, 5%,
Taxes, to take legal action and enforce for example. In 2018, fraud involving
the penal sanctions provided for in fictitious invoices reached some 30
Article 192 of the CGI. billion dirhams (US$ 3 billion) unde-
This is in line with Article 231, Younes Idrissi Kaïtouni is now the person delegated by the Minister of Finance to initiate clared by phantom companies, and
which allows the Minister of Finance legal action in cases of tax fraud (Ph. F. Alnasser) 5 billion dirhams (US$ 500 million)
or a delegated person to initiate legal matter. Clearly, it is the Director Gene- the situation by giving the Director of VAT wrongfully reclaimed. These
proceedings. The Minister of Eco- ral of Taxes who will initiate criminal General of Taxes carte blanche to take companies are not in good standing
nomy and Finance, Nadia Fettah, has legal proceedings by referring the issue legal action in the case of other cate- with the tax authorities, either in terms
now decided: from now on, it will be of fictitious invoices to the Public Pro- gories of tax offences other than those of reporting of payment obligations.o
the Director General of the Tax Depart- secutor (article 192 of the CGI). The concerning fictitious invoices (listed in
ment who will have full powers in this Minister of Finance also anticipated Article 192 of the General Tax Code, Hassan EL ARIF

Payment deadlines

A circular to clear up the grey areas

W ITH less than three weeks Scale of fines for failure to declare and to pay presented by the company. On this
point, it should be noted that the
to go before the deadline
for the first quarterly tax
Order of Chartered Accountants has
return, things are still not Turnover (excluding taxes) (in MAD) Amount of fine (in MAD) decided that this will be a validation
clear in the minds of those concerned. Between 0 and 1.999.999 0 report, the standard for which will be
In fact, as the crucial date of October published shortly, and not a simple
31 approaches, the subject is taking Between 2 million and 10 million 5.000 stamp. Other issues raised by parti-
center stage. Unexpected details Between 10 million and 50 million 12.500 cipants included the statute of limita-
emerge as D-Day approaches. In or- Between 50 million and 200 million 50.000 tions on trade receivables and fines,
der to gather feedback from profes- and the tax treatment of any indem-
sionals, the General Tax Directorate Between 200 million and 500 million 125.000 nity claimed by the supplier. Should
(Direction générale des impôts) held Over 500 million 250.000 this indemnity be treated as income?
a meeting with them last week. The Source: Article no 78-6 of the project law no 69-21 on payment deadlines The tax treatment of fines also came
meeting provided an opportunity to In October, the companies concerned will be faced with an unprecedented exercise - the first up for discussion. In principle, fines
discuss a number of grey areas with declaration of invoices for the third quarter of 2023 - which is not without risks are not tax-deductible, in the same
practitioners concerning the applica- way as speeding fines, for example.
tion of the law’s provisions. Indeed, as fine apply in this case? Participants a court of law? Is the fine suspended Otherwise, the system would be mea-
time goes by, the companies concer- also addressed the subject of arbitra- during the arbitration procedure?”, ningless.
ned find themselves faced with a tion in the event of a dispute over an asked one professional. What is the The tax authorities are due to
number of difficulties. invoice. “Should arbitration be consi- scope of the visa that will be affixed collate their comments in a practical
Among the points raised at the dered a court of law? Does the fine by the statutory auditor to the state- circular to be published in the next
meeting was the question of the date apply in this case?”. Participants also ment of invoices, given that this is not few days, the aim being to enable
of payment of an invoice by check addressed the subject of arbitration in a certification or an audit « but rather the companies concerned to file their
or bill of exchange that has not been the event of a dispute over an invoice. a verification of the concordance of first returns in the proper manner.o
paid on time by the supplier. Does the “Should arbitration be regarded as the information with the invoices Hassan EL ARIF

Friday 13 October 2023